Current through Vol. 42, No. 1, September 16, 2024
(a)
Benefits.
(1) All
pension benefits are paid in arrears the last working day of the
month.
(2) In determining a paid
member's normal retirement date, fractional round-up of months and days shall
not be used even if the member has volunteer credited service.
(3) If a member serves the majority of the
final month of service, the final month will count as a full month of credited
service.
(4) Where longevity pay or
other salary which requires contributions is paid in a lump sum to a member,
only the amount that would have been paid for a member's last thirty (30)
months of credited service will be used for determining final average
salary.
(5) Retirement pursuant to
11 O.S. §
49-106
has at times included reemployment of a member by a participating municipality
in a position which is not covered by the System. Thus, in-service
distributions from the System to such a member are permitted. If a retired
member is reemployed by a participating municipality in a paid position which
is covered by the System, such member's monthly retirement payments shall cease
during such period.
(b)
Clerks and fire chiefs.
(1) The
clerk and/or the fire chief of a participating municipality, fire protection
district, county fire department or development authority are responsible for
the administration of local retirement issues affecting all members of the
System, including but not limited to enrollment of eligible members, assisting
members in making application for benefits, and collection and payment of
employer and member contributions.
(2) The clerk and/or the fire chief shall
notify the System of any changes regarding active members such as termination,
mailing addresses, and deaths. The fire chief will assist the clerk in
obtaining necessary information concerning active members. Notices of
termination must be provided on the System's Form 8 and shall be signed by the
Fire Chief.
(c)
Volunteer firefighters.
(1) A
member of the System changing status from a paid member to a volunteer member
is not entitled to combine the paid credited service and the subsequent
volunteer credited service towards a paid or a volunteer pension. If a paid
member whose first service with a participating employer of the System occurs
prior to November 1, 2013, has completed ten (10) years but less than twenty
(20) years of credited service, or a paid member whose first service with a
participating employer of the System occurs on or after November 1, 2013, has
completed eleven (11) years but less than twenty-two (22) years of credited
service, such member would be eligible for a paid vested benefit upon meeting
the requirements set forth in 11 O.S. Section
49-117.1.
The member whose first service with a participating employer of the System
occurs prior to November 1, 2013, would need to complete ten (10) or more years
as a volunteer member to be eligible to receive a vested volunteer benefit and
a member whose first service with a participating employer of the System occurs
on or after November 1, 2013 would need to complete eleven (11) or more years
as a volunteer member to be eligible to receive a vested volunteer benefit as
set forth in 11 O.S. Section
49-101.
(2) Volunteer members are deemed to be
employees of a fire department of a participating municipality for the purposes
of the administration of the System.
(d)
State Board.
(1) Applications for pension benefits will
not be considered by the State Board until the applicant terminates employment
with the fire department of a participating municipality on or before the date
of the meeting of the State Board in which the application is
considered.
(2) Applications for
pension benefits, entrance into the system, refunds of contributions, etc. will
be placed on the State Board agenda when all paperwork has been properly
completed and received by the system. All necessary paperwork should be filed
with the system no later than the Friday preceding the State Board's regular
meeting so as to allow for sufficient time to process the
application.
(e)
Member deaths and beneficiaries.
(1) Guardian checks will be addressed with
the Guardian's name and the statement: "Guardian of ___________________ " on
the face of the check.
(2) The
Estate of the retiree or beneficiary shall be entitled to the benefit check
written for the month a retiree or beneficiary dies.
(3) To continue monthly benefits on a child
who has reached eighteen (18) years of age, verification that the child is
enrolled full-time in an accredited school of learning must be received by the
System. Documentation is required each semester until the child reaches
twenty-two (22) years of age or marries at which time the benefits will
cease.
(4) Step-children and
grandchildren of members are not beneficiaries unless they are adopted by the
member.
(5) Children adopted prior
to January 1, 1981, are considered beneficiaries even though the child(ren) may
have been adopted after the member's retirement date.
(6) A valid marriage certificate or other
necessary proof of marriage is required before an Application of Surviving
Spouse for Pension can be considered by the State Board.
(f)
Membership.
(1) A part-time firefighter shall not belong
to the System.
(2) All firefighters
must be members of the System if their employer is a participating municipality
in the System.
(3) A candidate for
a paid firefighter position must first complete a required State Board approved
pre-employment physical performance/agility test and physical examination in
order to participate and receive any benefits from the System. The physical
examination will be reviewed by a physician, selected by the State Board, to
determine if the applicant meets the required medical standards. When the
System receives all the information necessary for entrance into the System,
including the written notice from the physician, selected by the State Board,
that the candidate has met the minimum medical requirements for entrance, the
Executive Director shall have the authority to approve an entrance date for the
candidate no earlier than the date all the necessary information for entrance
is received or the actual hire date whichever is later, provided that the date
between the time of the administration of the physical examination and the
approval for membership in the System by the Executive Director and the
candidate's actual hire date by the participating municipality is less than six
(6) months. The State Board shall have the authority to deny or revoke the
membership of a candidate submitting false information in such candidate's
membership application and shall have the final authority in determining
eligibility for membership in the System.
(4) An applicant for a paid firefighter
position, who is an active volunteer firefighter with the same fire department,
and who has passed the physical performance/agility test approved by the State
Board as a condition for entrance as a volunteer firefighter shall only be
required to pass the physical examination upon being employed as a paid
firefighter if employed by the same fire department.
(5) A terminated paid firefighter who returns
to work as a paid firefighter within six (6) months of his or her termination
date will not be required to complete another physical examination.
(6) The classification of a paid firefighter
shall be a firefighter who is carried on the city payroll as a paid firefighter
and who receives a salary which is more than twice the amount of the minimum
pension of a volunteer firefighter. Any firefighter making more than this
amount will need to complete the required physical performance/agility test and
physical exam and his or her employer must remit both the employee and employer
contributions to the System.
(g)
Credited Service.
(1) If a firefighter is off the participating
municipality's payroll for a period of time and employer and employee
contributions are not received by the System, that period of time will not
count as credited service until said contributions are received by the
System.
(2) New volunteer cities
joining the System may purchase up to five (5) years of credited service for
each member of the department at the annual rate in effect as of the date of
purchase, provided verifiable evidence of active firefighter service for the
purchased years for each individual is provided to the System. Even though a
city is exempt from contributions, contributions must be paid for a volunteer
firefighter to receive purchased credit.
(3) If a question arises concerning a
member's correct amount of service time, the member must submit to the State
Board three (3) affidavits, based upon the actual knowledge of the member's
correct service time, and all other necessary documentation, as may be required
by the State Board. The Chairman of the State Board may direct a member of the
State Board or an employee of the System to visit the member and the city in
question for further verification. Service time may be corrected to allow not
more than twenty (20) years of service for a member of the Oklahoma
Firefighters Pension and Retirement System whose first employment with a
participating employer of the System occurs prior to November 1, 2013, or not
more than twenty-two (22) years of service for a member of the Oklahoma
Firefighters Pension and Retirement System whose first employment with a
participating employer of the System occurs on or after November 1,
2013.
(4) Credited Service under 11
O.S. Section
49-138(C)(2)
includes service in the following areas of responsibility and during the
following time periods:
(A) former Yugoslavia
(including Bosnia-Herzegovina, Croatia, and Macedonia) from November 21, 1995
to October 12, 1998;
(B) Kosovo
from March 24, 1999 to May 1, 2000;
(C) the U.S. war in Afghanistan from
September 14, 2001 to December 18, 2014; and
(D) the Iraq war from March 3, 2003 to
December 15, 2011.
(h)
Disability.
(1) Applications for disability pensions
shall provide medical evidence certifying the disability, proof of injury
unless otherwise provided, and that the applicant can no longer perform the
duties of a firefighter. The proof of injury must be proof of the specific
injury that prevented the disability pension applicant from continuing the
duties of a firefighter from the time of injury until present. In a case where
a disability applicant returned to performing the duties of a firefighter at
any time following the injury, the proof of injury must be accompanied by proof
that certifies cumulative evidence of a continuing condition relating to that
specific injury until the time of filing the disability application. In a case
where a firefighter returned to a "light duty" or "restricted duty" only
status, proof certifying the disability applicant's work status from the injury
time until present shall be submitted along with the disability application.
The application shall be filed with the Local Board, if the Local Board exists,
or the Executive Director of the System. The existing Local Board or the
Executive Director of the System will determine if additional medical evidence
is required. If additional medical evidence is required, the State Board shall
be responsible for payment of any physical examinations and
certifications.
(2) If any
additional medical evidence is produced concerning a disability pension
application, said medical evidence must be presented to the Local Board, if the
Local Board exists, or the Executive Director before the State Board considers
the application. If an applicant requests a hearing before the State Board, all
evidence concerning the application may be presented providing all parties
affected by the hearing agree.
(3)
A stroke condition that has been medically certified to be caused by heart
disease shall be categorized as heart disease for the purpose of applying line
of duty presumptions pursuant to 11 O.S. §
49-110.
(4) Any additional medical testing requested
by a physician for the purpose of certification of a disability at the request
of an existing Local Board shall be approved by the Executive Director of the
System prior to the medical testing.
(5) A volunteer member who has completed more
than ten (10) years of credited service shall be eligible for consideration of
a disability in line of duty pension and entitled to the presumptions pursuant
to the provisions of 11 O.S. §
49-110
provided that competent medical evidence is presented to support the
certification of said disability request.
(6) A participating municipality may make an
application for a disability pension on behalf of a member provided that
medical evidence is presented supporting the existence of a disability. The
member may present medical evidence to the contrary.
(7) If there are physician's statements
presented which disagree or there is only one physician statement presented,
then the Local Board, if one exists, or the Executive Director shall have the
medical records examined by a physician of their choosing. If the participating
municipality has made the application request and the member presents contrary
medical evidence it shall be the responsibility of the existing Local Board or
the Executive Director to obtain an authorization of release of medical records
from the member prior to the third physician examination.
(i)
Local Boards.
(1) If an existing Local Board desires to
have a member, who is receiving a disability pension, re-examined by a
physician for the purposes of certifying if a disability still exists, the
request shall be approved by the State Board.
(2) An existing Local Board meets when
necessary to review applications for benefits and disability benefits. The
Local Board minutes must show action taken by roll call vote. In cities and
towns where the city clerk and city treasurer hold both positions the local
board becomes a five (5) member board. The board members shall elect a
vice-chairman from among all board members who shall assume the duties of the
mayor/chairman in that person's absence.
(3) Any action taken by the local board must
be documented. The local board must present objective evidence to the State
Board regarding its recommendation. The State Board will consider only the
evidence actually presented. The State Board will act upon the evidence
presented and render a final decision.
(4) If the city charter provides, the city
council or similar authority, in the absence of the mayor, city clerk or the
treasurer, may designate an authorized official as a replacement member of the
local board, such as a vice-mayor if he or she has the responsibilities of the
mayor. A firefighter member of the local board cannot send a replacement. Only
local board members present at a local board meeting may vote. The chairman
shall have a casting vote with the members only when necessary to avoid a tie
vote among local board members. All local board meetings are subject to the
Open Meeting Act.
(j)
Contributions.
(1) There shall be
a sixty (60) day waiting period of refund of contributions. If the firefighter
requesting the refund of contributions was terminated from service, which
resulted in litigation or administrative action, the refund of contributions
will not be made until there is a final judgment or conclusion to the
litigation or administrative action.
(2) Gross salary shall include but not be
limited to base salary, longevity pay, fire service training and other
education pay, scuba pay, out of class pay, one time bonus pay earned during
the current twelve (12) month period of employment, and buy back pay when paid
on an annual basis and available to all firefighters. Gross salary shall not
include payment for unscheduled overtime, payment for accumulated sick, annual
or any other similar leave upon termination from employment, any uniform or
clothing allowance, car allowance or any other compensation for reimbursement
of out-of-pocket expenses. All other compensation not specifically mentioned
must have contributions paid on them. Contributions shall be deducted from
gross salary prior to federal and state income tax withholdings
deductions.
(3) Volunteer pension
contributions are due on July 1 of each year. Cities, towns or fire protection
districts subject to the statutory exemption from payment of volunteer
contributions shall file for the exemption with the System on an annual
basis.
(4) Workers Compensation
benefits shall not be considered a part of gross salary for the purpose of
determining pension benefits. The System will not accept member contributions
related to workers compensation.
(5) If a paid member terminated employment
prior to January 1, 1981, and then subsequently returns to work as a paid
member after January 1, 1981 and then again terminates, contributions paid in
prior to January 1, 1981 would not be refundable.
(6) Salary means a predetermined sum payable
at specified and regular times for services rendered, including benefits
accumulated and paid as salary; furthermore, any salary received that is to be
used in computing a "final average salary" shall be reduced or pro-rated to a
monthly amount. It shall be a violation of this section to establish a special
pay plan for the purpose of evading the intent of this section.
(k)
Reinstatement of Prior
Service.
(1) If a paid firefighter
terminates employment and receives a refund of contributions and then
subsequently returns to work for a participating municipality, all withdrawn
contributions must be paid back to the System plus 10 percent (10%) interest
per annum (from the date the member received his or her accumulated
contributions to the date of repayment) in order for the member to receive
credit for the missed credited service time.
(2) The member's payment must be made to the
System within ninety (90) days following acceptance of the member's application
for reinstatement of prior service.
(3) The member may pay for reinstatement of
prior service by a lump-sum payment by check or money order. The member may
also pay for reinstatement of prior service by a lump-sum payment (with
interest) of non-Roth funds from a Code Section 403(b) annuity, a governmental
457 plan within Oklahoma or a Code Section 401(a) qualified plan.
(l)
Deferred Option Plan
(Plan B).
(1) Upon termination of
employment, a member participating in the Deferred Option Plan (Plan B)
pursuant to 11 O.S. Section
49-106.1
A, B, C, D, E and F shall have the following options:
(A) Receive a lump sum payment of the
member's total account balance, an annuity, a partial lump sum payment or
withdrawal, or installment payments of the member's accumulated Plan B balance
as described below. Direct rollovers are permitted pursuant to the provisions
of 11. O.S. Section
49-106.3.
Pursuant to 11 O.S., Section 49-106.1.F., the approved method of payment for
any interest earnings credited to a member's Plan B account balance on or about
June 30, 2018, and thereafter, as described in (E) of this paragraph, is either
a direct lump sum payment of the interest earned for the applicable plan year,
or the payment or transfer of the interest earned for the applicable plan year
to an Eligible Retirement Plan as defined in 11 O.S., Section 49-106.3. Failure
to make an election of either a direct lump sum payment of the interest earned
for the applicable plan year, or the payment or transfer of the interest earned
for the applicable plan year to an Eligible Retirement Plan shall result in:
(i) an automatic rollover of the interest
earned for the applicable plan year to an individual retirement plan,
consistent with the mandatory distribution rules of Section 401(a)(31) of the
Internal Revenue Code of 1986, as amended, for any member before the member
attains the later of age 62 or the member's normal retirement date; and
(ii) a direct lump sum distribution
to the member for any other member before such member attains age seventy and
one-half (701/2).
(B) Subject to the required minimum
distribution provisions of 11 O.S. Section 49-106 ("IRS Required Minimum
Distribution") and the mandatory interest distribution provisions of (E) of
this paragraph, the State Board retains custody of the member's remaining
accumulated Plan B balance until there is a complete and final payout of a
member's entire Plan B balance. No more than once a month, the member may
elect, with eight (8) working days advance written notice, to change such
payout period or payout amount for installment payments.
(C) In addition to the installment payments,
a member may elect, with eight (8) working days advance written notice, a
withdrawal, but no more than one such withdrawal may be made per month and each
withdrawal must be as of the last working day of a month. If such withdrawal is
made after installment payments have commenced, appropriate adjustments may be
made in the installment payout period to reflect such withdrawal.
(D) To the extent the Plan B balance is to be
paid to the member's surviving spouse whether as a designated recipient or by
statute, then if the member dies with a balance in the account, such balance
will be paid in a lump sum or will continue to be paid in the same manner as
was applicable to the member, as elected by the surviving spouse who meets the
requirements of paragraph 16 of 11 O.S., Section 49-100.1, except that
automatic rollover of the mandatory distribution of interest shall not apply.
Any designated recipient who is not the surviving spouse shall receive a lump
sum payment from the account equal to the balance in the account of the member
or any other approved method of payment. If there are no surviving designated
recipients, a lump sum payment from the account equal to the balance in the
account shall be paid to the member's estate. For purposes of this
subparagraph, if a trust is the designated recipient (even if the surviving
spouse is a beneficiary under such trust), the deceased member's account
balance may not remain in the Deferred Option Plan (Plan B) after the member's
death.
(E) The interest earned
annually on the Plan B account balances shall be calculated based on the return
of the investment portfolio of the fund on June 30 of each year as provided in
11 O.S., Section 49-106.1(E)(2) and shall be credited as of June 30 for such
plan year. The determined annual interest rate shall be applied on a pro rata
account balance in the year the rate is established. Commencing with the plan
year ending on June 30, 2018 and for each plan year thereafter, for retired
members, disabled members and surviving spouses receiving monthly retirement
benefits from the System (Plan A benefits), the interest earned annually on the
member's accumulated Plan B balance shall be determined as of June 30 of such
plan year and shall be distributed each year as follows:
(i) on or about June 30, 2018, and on or
about each subsequent June 30, of such plan year, the initial distribution of
interest earnings calculated based on the actuarial assumed interest rate on
the first day of the plan year as certified by the actuary in the yearly
valuation report shall be distributed; and
(ii) by September 30 of the following plan
year, a true-up distribution of any additional earnings posted to a member's
account above the interest earnings provided for in (i) of this subparagraph,
shall be distributed.
(F) The amount of the mandatory distribution
of interest for any plan year shall be reduced by the amount of voluntary
withdrawals from the member's Plan B balance during the plan year. No
individual shall receive both a mandatory distribution of interest and an IRS
Required Minimum Distribution in the same calendar year. In a calendar year in
which the System would otherwise distribute both a mandatory distribution of
interest and an IRS Required Minimum Distribution to an individual, the IRS
Required Minimum Distribution shall be made and not the mandatory distribution
of interest. If the member dies before receiving the mandatory distribution of
interest, the member's surviving spouse will receive the mandatory distribution
of interest. If the member dies before receiving the mandatory distribution of
interest with a nonspouse designated beneficiary (or the estate as the
recipient), such nonspouse designated beneficiary (or estate) will receive the
mandatory distribution of interest as part of a payout of the entire account.
If a member withdraws all of his or her account balance prior to June 30 of a
given plan year, the member shall receive at the time of withdrawal, a
distribution of interest earnings on the withdrawn amount equal to the
actuarial assumed interest rate as certified by the actuary in the yearly
valuation report of the actuary on a pro rata basis. If the annual interest
earnings calculated on June 30 of a given year exceed the actuarial assumed
interest rate as certified by the actuary in the yearly valuation report of the
actuary, a member who withdraws all of his or her account balance prior to June
30 of said plan year shall receive a distribution of additional interest
earnings equal to the difference between the minimum actuarial interest rate
and the calculated interest rate on a pro rata basis.
(G) At the conclusion of a member's
participation in Plan B, the member must terminate employment and shall start
receiving the member's accrued monthly retirement benefit from the System. Such
a member may be reemployed by a participating municipality and receive
in-service distributions of such member's accrued monthly benefit from the
System, but only in a position not covered by the System.
(2) Participation in the Oklahoma
Firefighters Deferred Option Plan must begin the first day of a
month.
(3) For a lump sum payment,
direct rollover or a combination thereof, which is paid when the regular
monthly benefits commence (Plan A), an exclusion ratio must be calculated and
applied to the distribution amount from Plan B to determine the portion that
may be excluded from income. This exclusion ratio will equal the member's
after-tax contributions to the System divided by the expected return. The
expected return is the sum of: (A) the member's accumulated Plan B balance plus
(B) the amount of the value of the monthly pension from Plan A that the member
is expected to receive over time based on single life expectancy factors from
Table V issued as part of the income tax regulations under Section 72 of the
Internal Revenue Code of 1986.
(4)
The rules under this subsection shall only apply to a member whose first
employment with a participating employer of the System occurred before November
1, 2013.
(m)
Deferred Option Plan under the Back DROP Provision.
(1) For purposes of this subsection, the
definitions as stated in 11 O.S. Section
49-106.1(H)(1)
shall apply.
(2) In lieu of
participating in the Deferred Option Plan (Plan B) pursuant to subsections A,
B, C, D, E, F and G of 11 O.S. Section
49-106.1
(referred to herein as an election under Plan B), a member may elect to
participate in the Deferred Option Plan pursuant to 11 O.S. Section
49-106.1(H)
(referred to herein as an election under the Back DROP provision) and this
subsection.
(A) The applicant must submit his
or her completed application for participation in the Deferred Option Plan
under the Back DROP provision on the form provided by the System.
(B) The application must be received by the
System no later than eight (8) working days from the end of the month in order
to receive a payment at the end of that month. All distributions shall be paid
on the last working day of a month.
(C) Upon the member's election to participate
in the Deferred Option Plan under the Back DROP provision, the member's account
balance shall remain in the System under the same conditions as described in
(l) of this Section, until distributed.
(D) A member in the Back DROP has the same
distribution options as described in (l)(1)(A), (B) and (C) of this
Section.
(E) If the member dies
with a balance in the account, such balance will be paid in a lump sum or will
continue to be paid in the same manner as was applicable, as elected by the
surviving spouse who meets the requirements of paragraph 16 of 11 O.S. Section
49-100.1.
If there is no surviving spouse, any remaining beneficiaries shall receive a
lump sum payment(s) from the account equal to the balance in the account of the
member, or any other approved method of payment. If there are no surviving
beneficiaries, a lump sum payment from the account equal to the balance in the
account shall be paid to the member's estate. For purposes of this
subparagraph, if a trust is the beneficiary (even if the surviving spouse is a
beneficiary under such trust), the deceased member's account balance may not
remain in the Deferred Option Plan (Plan B) after the member's death.
(3) At the member's termination
date, his or her monthly pension benefit shall be determined based on earlier
attained credited service and on the final average salary as of the back drop
date. The member's individual deferred option account shall be credited with an
amount equal to the deferred benefit balance, and the member shall terminate
employment with all participating municipalities as a firefighter and the
member shall start receiving the member's accrued monthly retirement benefit
from the System. Such a member may be reemployed by a participating
municipality and receive in-service distributions of such member's accrued
monthly retirement benefit from the System, but only in a position not covered
by the System. On the member's back drop date, the member's retirement benefit
will be frozen, and at no time will the member be able to increase his or her
benefit due to additional years of service, salary or other promotional
increases.
(4) The member's credit
of his or her deferred benefit balance shall be as follows:
(A) An amount equal to the accumulated
contributions the member made to the System from his or her back drop date to
termination date with interest based upon how the benefit would have
accumulated on a compound basis as if the member had participated in the
Deferred Option Plan (Plan B) pursuant to 11 O.S. Section
49-106.1
A-E from his or her back drop date to termination date;
(B) An amount equal to all monthly retirement
benefits that would have been payable had the member elected to cease
employment on the back drop date and receive a service retirement from the back
drop date to the termination date with applicable cost of living adjustments
and with interest based on how the benefit would have accumulated on a compound
basis as if the member had participated in the Deferred Option Plan pursuant to
O.S. 11 Section
49-106.1
A-E from his or her back drop date to termination date; and
(C) An amount equal to one-half (1/2) of the
employer contributions from the back drop date to the termination date, with
interest based on how the benefit would have accumulated on a compound basis as
if the member had participated in the Deferred Option Plan pursuant to 11 O.S.
Section 49-106.1 A-E from his or her back drop date to termination
date.
(5) The provisions
of 11 O.S. Section
49-106.1
B, C, E, F and G shall apply to this subsection.
(6) A member shall not participate in the
Deferred Option Plan pursuant to the Back DROP provision if the member is
participating in Plan B pursuant to subsections A, B, C, D, E, F and G of 11
O.S. Section
49-106.1.
(7) For a lump sum payment, direct rollover
or a combination thereof, which is paid when the regular monthly benefits
commence (Plan A), an exclusion ratio must be calculated and applied to the
distribution amount from the Back DROP to determine the portion that may be
excluded from income. This exclusion ratio will equal the member's after-tax
contributions to the System divided by the expected return. The expected return
is the sum of: (A) the member's deferred benefit balance plus (B) the amount of
the value of the monthly pension from Plan A that the member is expected to
receive over time based on single life expectancy factors from Table V issued
as part of the income tax regulations under Section 72 of the Internal Revenue
Code of 1986.
(8) The rules under
this subsection shall only apply to a member whose first employment with a
participating employer of the System occurred before November 1,
2013.
(n)
Deferred
Option Plan (Plan B) for a Member of the System Whose First Employment with a
Participating Employer of the System Occurs on or after November 1,
2013. [RESERVED]
(o)
Vested Rights.
(1) A paid
firefighter who terminated active service with more than ten (10) years of
credited service with the System prior to July 8, 1985, must return to active
service as a paid firefighter in order to establish vested rights.
(2) A volunteer firefighter who terminated
active service with ten (10) years of credited service with the System prior to
July 20, 1987, must return to active service as a volunteer firefighter in
order to establish vested rights.
(p)
Automatic Rollover.
(1) "Mandatory distribution" means a
distribution that is an eligible rollover distribution subject to Section
401(a)(31) of the Internal Revenue Code of 1986, as amended, and is made
without the member's consent to a member before the member attains the later of
age 62 or normal retirement date. A distribution to a surviving spouse,
alternate payee, or a distribution made upon a member's death is not a
mandatory distribution for purposes of the automatic rollover requirements of
Section 401(a)(31)(B) of the Internal Revenue Code of 1986, as
amended.
(2) In the event of a
mandatory distribution greater than $1,000 made on or after June 28, 2018, if
the member does not elect to have such distribution paid directly to an
eligible retirement plan specified by the member in a direct rollover or to
receive the distribution directly, then the State Board shall pay the
distribution in a direct rollover to an individual retirement plan designated
by the State Board. For purposes of determining whether a mandatory
distribution is greater than $1,000, the portion of the member's distribution
attributable to any rollover contribution is included.
Amended and renumbered
from 270:10-1-3 at 10 Ok Reg 1063, eff 3-23-92 through 5-28-93 (emergency);
Amended and renumbered from 270:10-1-3 at 13 Ok Reg 1601, eff 5-28-96; Amended
at 14 Ok Reg 2918, eff 7-11-97; Amended at 16 Ok Reg 2445, eff 7-1-99; Amended
at 18 Ok Reg 339, eff 11-30-00 (emergency); Amended at 18 Ok Reg 3050, eff
7-12-01; Amended at 20 Ok Reg 2662, eff 7-25-03; Amended at 21 Ok Reg 2132, eff
6-26-04; Amended at 23 Ok Reg 22, eff 8-4-05 (emergency); Added at 23 Ok Reg
1307, eff 5-25-06